ineligibility issue

[Ponga]

Good point. I completely forgot about that!

 

[scylla]

I looked through your old posts. You can sponsor your daughter since she was born several months after you landed and became a PR. You can never sponsor your wife ever.

 

[Rob_TO]

As others said, you can never sponsor your wife. I would cancel your outland application immediately, and you could at least possibly save the $475 processing fee. If you let it will continue it will certainly result in a rejection, and you would not win any appeal.

Only solutions I could think of are if she has necessary skills, have your wife immigrate to Canada separate from family class.

Or, you could move back to your home country with your family, renounce your PR status, and try to apply again for PR and this time include your wife in your application.

 

[Ponga]

Or, you could move back to your home country with your family, renounce your PR status, and try to apply again for PR and this time include your wife in your application.

Hmmm...interesting idea, but I wonder if the fact that the OP would likely be found to have misrepresented himself at his landing interview (especially if CIC is astute with a future PR application from him), would make him inadmissible, or at least ineligible for a second PR?

Clever idea, nonetheless.

 

[mikeymyke]

I wonder if renouncing PR and re-applying with wife would even be possible, considering they would have his previous info on file.

 

[Ponga]

I wonder if renouncing PR and re-applying with wife would even be possible, considering they would have his previous info on file.

That's pretty much what I was eluding to by saying "...especially if CIC is astute with a future PR application..."

Same would apply if they decided to divorce and the remarry each other, claiming that they are newlyweds now.

Personally, I feel that this rule by CIC should be re-examined, since many people do in fact make an honest mistake, that could be devastating to their entire family.
No idea how, or what CIC could implement as a `second chance', but at the very least they could charge a hefty fee and then make the original person's PR conditional (such as a Condition 51, or similar).

Just my $0.02 worth, but I'm sure it will upset someone that reads this.

 

[Rob_TO]

I wonder if renouncing PR and re-applying with wife would even be possible, considering they would have his previous info on file.

I'm not aware of any specific rule that would bar people from applying for PR, because they previously held and then lost/renounced PR status under the same class. For people that qualified once, could be a good chance they can qualify again.

If there is such a rule though, would be interested to see it.

 

[screech339]

Since the OP can sponsor his daughter for PR, the only chance the OP's wife have for PR is wait for the daughter to turn 21 to sponsor her mom. I say 21 since she would be required to show income proof for 3 previous years prior to applying. The daughter would have to start working at 18 and continue working until her mom lands as PR.

It is an incredible long shot but I think that is the only shot the mother has other than renouncing the PR status and redoing it all over again.

Screech339

 

[bobbyinvisalia]

as at the time i applied for my permanent resident i wasnt married to my spouse

I think the best option for you would be to withdraw the current application.
Divorce your wife in case the marriage is registered, then remarry her and file a new outbound application.

 

[Ponga]

I think the best option for you would be to withdraw the current application.
Divorce your wife in case the marriage is registered, then remarry her and file a new outbound application.

But the damage may have already been done, since CIC now knows that the OP was in fact married when he landed. Divorcing and then re-marrying his wife won't change that, especially if it's now part of his `file' with CIC.

IMHO, the OP needs to speak with a qualified lawyer to see what, if anything, can be done.

 

[scylla]

I think the best option for you would be to withdraw the current application.
Divorce your wife in case the marriage is registered, then remarry her and file a new outbound application.

No - this won't work. It will still result in a refusal. CIC doesn't allow this loop hole. If it was that simple - everyone would do it.

 

[Linden]

You cannot sponsor your spouse, but you may be able to sponsor your daughter IF she was born AFTER you landed.

That's not true. I'm sure the OP mentioned he has a daughter on his PR application. He did right?

 

[scylla]

That's not true. I'm sure the OP mentioned he has a daughter on his PR application. He did right?

Not relevant. OP's daughter was born after he became a PR.

 

[Linden]

as at the time i applied for my permanent resident i wasnt married to my spouse

How were you able to get PR?

 

[Rob_TO]

IMHO, the OP needs to speak with a qualified lawyer to see what, if anything, can be done.

Nothing can be done.
And one has to be very careful when talking to any lawyer/consultant about this. Some less honest ones may encourage you to proceed with the app and then appeal on H&C grounds, not caring that it will all eventually end in failure. In this way the lawyer will still get all their fees though during the app and appeals process.